Adjournment

Model format for general reference only. Not legal advice. Adapt to the facts and the court's current rules. Source: masterlegalwork.com

IN THE COURT OF [DESIGNATION OF THE PRESIDING OFFICER], [PLACE]

[CASE TYPE] No. ____ of 20__

MEMO OF PARTIES

Versus

Next date of hearing: [DATE]

APPLICATION FOR ADJOURNMENT OF THE HEARING FIXED FOR [DATE] [UNDER ORDER XVII RULE 1 CPC / SECTION 346 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 (SECTION 309 CrPC)]

Respectfully showeth:

1. That the above-noted case is fixed for [DATE] for [STAGE].
2. That the applicant is unable to proceed on that date because [REASON — e.g. illness of the party / counsel, non-availability of a witness, documents awaited, counsel engaged before another court], with supporting documents annexed.
3. That this is the [first / second] adjournment sought by the applicant at this stage, and it is not sought to delay the proceedings.
4. That the anticipated prejudice to the other side is [SPECIFY] and can be mitigated by [TERMS]. The applicant is ready to bear such costs as this Hon'ble Court may impose.
5. That the case is fixed for [specific task] on [date]; the applicant requests the shortest necessary adjournment until [date or period] because [specific event and date], proved by [annexure].
6. That prior adjournments requested by this party during the hearing were [dates, reasons and orders]. If the usual three-adjournment limit is engaged, the exceptional circumstance beyond control is [facts].
7. That reasonable alternatives considered were [alternate counsel / remote appearance if permitted / production through other witness], which could not address the difficulty because [reason].
8. That prejudice to the other party can be mitigated by [costs, prompt service, fixed next date or undertaking]. The request is not based solely on counsel’s engagement elsewhere.
9. That [OPTIONAL: retain only after verifying the cited rule and these facts] [for a civil hearing] the exceptional impediment beyond control is [event and proof]. Applying Salem Advocate Bar Association (II), the prior adjournments [schedule], alternatives considered [ ] and proposed terms [ ] justify the shortest necessary extension; no adjournment is claimed as a right.

PRAYER

It is, therefore, respectfully prayed that the hearing fixed for [DATE] may kindly be adjourned to a suitable date, in the interest of justice.

Gagandeep Goel, Adv. (Enrl. No. P/1983/2007)
Gagandeep Goel & Associates | Master Legal Work
(M) 987 220 6969, (E) masterlegalwork@gmail.com
Advocate for the Applicant

IN THE COURT OF [DESIGNATION OF THE PRESIDING OFFICER], [PLACE]

[CASE TYPE] No. ____ of 20__

Versus

AFFIDAVIT

Affidavit of [NAME OF DEPONENT], [S/o / D/o / W/o] [NAME], aged about [__] years, resident of [FULL ADDRESS WITH PIN CODE], Aadhaar No. [IF LAWFULLY REQUIRED], Mobile No. [NUMBER].

I, the above-named deponent, do hereby solemnly affirm and declare as under:

1. That I am competent to swear this affidavit. The accompanying [suit / petition / application] was drafted by counsel on my instructions, read over and explained to me in [LANGUAGE], and is adopted as part of this affidavit. Its facts are true to my knowledge or identified records; legal submissions rest on advice believed true.
2. That [no same or similar proceeding on this cause has been filed / all prior and pending proceedings, outcomes and orders are disclosed here: ___]. Nothing material is concealed.

DEPONENT

VERIFICATION

Verified at [PLACE] on [DATE] that paragraphs 1 and 2 above are true and correct to my knowledge and identified records, with legal submissions based on advice believed true. Nothing material has been concealed.

DEPONENT

Gagandeep Goel, Adv. (Enrl. No. P/1983/2007)
Gagandeep Goel & Associates | Master Legal Work
(M) 987 220 6969, (E) masterlegalwork@gmail.com
Advocate for the Applicant